The courts governed by this chapter shall be deemed always open for the disposition of matters properly cognizable by them; however, all trials on the merits shall be conducted at trial terms regularly prescribed by local laws, as now or hereafter amended, creating the individual courts.
(Code 1981, §15-7-40, enacted by Ga. L. 1983, p. 1419, § 2.)
Cross references.- Trial calendar, Uniform State Court Rules, Rule 8.3.
JUDICIAL DECISIONS
Mandamus to compel a judge to conduct civil trials was authorized because the judge's refusal to schedule civil cases for trial for more than two years was a gross abuse of discretion and no other specific legal remedy was available. Stubbs v. Carpenter, 271 Ga. 327, 519 S.E.2d 451 (1999).
Motion to set aside foreign judgment not filed in same term of court.
- Because a default judgment was rendered by a Missouri court on January 27, 2015, and the January term of court for the State Court of Fulton County ended when a new term of court began on the first Monday in March (March 2, 2015), and the judgment debtor did not file its motion to set aside the judgment until July 3, 2015, the motion was not filed within the same term of court as the term in which the subject judgment was rendered and could be considered only under O.C.G.A. § 9-11-60(d). Lemcon USA Corp. v. Icon Tech. Consulting, Inc., 338 Ga. App. 459, 789 S.E.2d 832 (2016).
Cited in Dixon v. State, 196 Ga. App. 15, 395 S.E.2d 577 (1990); Cross v. State, 272 Ga. 282, 528 S.E.2d 241 (2000); Levin Co. v. Walker, 289 Ga. App. 299, 656 S.E.2d 588 (2008); Valley v. S. Atl. Conf. of Seventh-day Adventist, 347 Ga. App. 131, 817 S.E.2d 704 (2018).